Firm Authors Amicus Brief in Support of Fourth Amendment Protection of Data

August 17, 2017

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The firm filed a Supreme Court amicus curiae brief in United States v. Carpenter, a leading case to be heard in the upcoming term by the Supreme Court. Carpenter asks whether the government should be required to get a search warrant before obtaining cell site location information about an individual’s movements; such information would allow the government to track a person’s whereabouts for days or months at a time. The brief was filed on behalf of several dozen criminal law and privacy scholars, led by Prof. Andrew Ferguson of the University of the District of Columbia’s David A. Clarke School of Law. The scholars assert that an extension of the “‘third-party doctrine,’ which holds that people lack a reasonable expectation of privacy in information voluntarily conveyed to third parties, could eliminate citizens’ privacy in the modern age.”